How to enforce a debt collection

donglefan

Hi, I would welcome advice as to what can be done in the following situation.

I bought an item costing £500 from a UK internet site which turned out to be one woman selling stuff out of her flat. She failed to deliver on time, I took her to court and won refund plus costs. She flounced out of court fuming at the judge.
Her company has been wound up.

So far court fees and attempted enforcement costs have left me more than another £200 owed.

She will not open the door to bailiffs, tells them to go away from her window and they are powerless.

The court has told me I can opt to have High Court Officers go round but I am not sure they have any additional powers?

Also I can make an order for information, which is at least another £200 when paying for service and her not answering the door again. After paying some more court fees she can be arrested by bailiffs, but if she won't answer the door I guess they can only wait for her, and they seem pretty lax like they wouldn't be bothered to...

Is the civil law really this weak against uncooperative debtors?
Anything sensible to be done here?

unholyangel

Was it her or the company you took to small claims? What name is on the judgement (dont have to give the name, just whether its for the individual or the company).

paddyrg

Is it her house? Is she employed? I think you can look at a lein on the property and/or attachment of earnings, never had to do it myself, but there are options

sgtbush

up your ccj to a high court writ-- it costs 60 quid, then get a sherrifs office to enforce it-- if they get it thats all you pay-- if they dont and their are not many cases they dont enforce you only pay a 60 quid admin charge, its worth it

sarahg1969

You say this is a "company". If you have a judgment against the limited company that has now been dissolved, you cannot pursue the woman herself. Who is your judgment against, and, if it is a limited company, is it definitely now dissolved?

If she was a sole trader (ie it wasn't a limited company) then she'd be personally liable for the debt. You need to find out if she's worth pursuing - for example does she own her own property?

donglefan

Thank you for the advice.

The judgement is against her personally. I think she rents her home but I don't know.
I think she might be a student currently, doing freelance journalism/ PR.

I'm interested in upping the ccj to a High Court writ, but do the High Court officers have any more rights or tenacity than the local bailiff who was apathetic?

I have been told that in order to do the upgrade I need to issue a Writ of Fieri Facias, and was given this instruction about it:

"You will need to complete forms:
No. 53, Part 3 and a certificate of judgment request for the Writ. These are not Court forms but should be available to collect from a Law Stationers."

I asked a Law Stationer to advise exactly what forms I needed to buy from them and they said they could not offer legal advice. What is a 'No 53 Part 3' and a 'certificate of judgement request' and where could I obtain them?

Many thanks in advance.

violethill

i,m sorry if i,m on the wrong thread don,t know how to do a new one i just need a answer about a ccj i had a ccj but bryan and carter only did it for part of the debt its now paid , now a second dca arrow global say i owe them the remaining money i sent a letter stating ididn,t acknowledge the debt as it was paid back 2009 and that it is my understanding a 2nd ccj cannot be got for the same debt am i correct and should i just sit it out . they replied acknowledging the previous ccj but state i do owe them the remaining balance are they trying it on

hallowitch

violethill wrote: »

i,m sorry if i,m on the wrong thread don,t know how to do a new one i just need a answer about a ccj i had a ccj but bryan and carter only did it for part of the debt its now paid , now a second dca arrow global say i owe them the remaining money i sent a letter stating ididn,t acknowledge the debt as it was paid back 2009 and that it is my understanding a 2nd ccj cannot be got for the same debt am i correct and should i just sit it out . they replied acknowledging the previous ccj but state i do owe them the remaining balance are they trying it on

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=2130624

violethill

im sorry hallowitch this is a blank page

hallowitch

violethill wrote: »

I'm sorry hallowitch this is a blank page

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=2130624

sorry about that try this

basically that web site it full of story's likes yours about Bryan carter
i thought you might get better help if you post on there

if the link doesn't work go to consumeractiongroup and put his name in the search bar it would appear he is well known for his split claims and that site will be able to guide you on what to do next

squeaky

violethill wrote: »

i,m sorry if i,m on the wrong thread don,t know how to do a new one

Hi

At the top left of the main forum index page just above the actual list you'll see this...



Clicking on it usually starts a new thread